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Adams County committee approves two-acre conditional use for one-room school, adds marking condition amid hunting-law concerns
Summary
An Adams County committee approved a conditional-use permit allowing a one-room school on a parcel near existing private lands, attaching conditions that limit school grounds to two acres and require marking; the decision followed extended discussion about how state and federal hunting and firearms statutes apply to school grounds.
An Adams County committee approved a conditional-use permit for a one-room school proposed by Esther and Jesse Mullet, attaching limits and marking requirements and agreeing the school may be used for Amish community functions.
The committee voted to adopt the town of Easton's recommended conditions that the building be operated only for school-related activities (with an exception for Amish community functions), that the school grounds be clearly defined and marked, and that the school grounds be no larger than two acres.
The decision followed a lengthy staff and legal briefing about how Wisconsin and federal laws interact with hunting and firearms near school property. County counsel Nancy summarized applicable law, saying, “You are allowed to possess a loaded gun on private property,” and describing a federal/state framework that allows possession under some circumstances but restricts certain hunting within 1,700 feet of a school unless the restricted area has been posted by the school or its owners.
Neighbor Mike Dicco told the committee he could not support any change that might limit his ability to hunt or traverse his property, saying, “It’s quite ambiguous … I’m not willing to risk this. I have rights on my land, and I’m not willing to budge at all.” Planning staff and counsel told the committee they had sought input from the Department of Natural Resources (DNR) and that the DNR had provided written guidance indicating the statutory 1,700-foot hunting restriction applies only to lands the school can post; in other words, the prohibition applies only to areas the school owns or has permission to post.
Dusty, the project planner, recommended conditions and said the DNR warden had told staff that hunting on private property adjacent to a school is generally allowed unless the school posts a restricted area. Nancy summarized: “Unless the owners of the school were to post out as far as 1,700 feet … the prohibition on hunting applies to the full 1,700 feet” only where posting authority or ownership exists.
Committee members discussed trade-offs between property- and hunting-rights concerns and the applicants’ need for certainty before building. One supervisor suggested adding a condition that, if law or agency guidance later changes to restrict hunting around the school, the conditional-use permit would return to the committee for reevaluation; staff said conditional-use permits can be challenged or revisited. The committee adopted the town’s conditions and approved the permit.
The applicant indicated the school will be church-run and that the church expects to deed a limited area to the school; the applicants said the school grounds would likely be about two acres to provide space for recess and occasional community gatherings. A staff member agreed to provide written correspondence from the DNR and the legal memo to concerned neighbors.
